S. 28(i) : Business income–Purchase of residential housing plot scheme–Providing for common infrastructure and internal road on the said land -Income arising from sale of plots of land is assessable as business income and not capital gains. [S. 2(13), 45]
S. 28(i) : Business income-Short term capital gains-Land dealings -Purchase of agricultural land–Conversion in to no agricultural for commercial purposes–Transaction of purchase and sale is assessable as business income and not as short term capital gains. [S. 2(13), 45]
S. 11 : Property held for charitable purposes–Skill development project of clients/donors for upliftment of rural poor–Denial of exemption is held to be not valid. [S. 2(15), 11(1), 12AA]
S. 10(26) : Schedule Tribes–Partnership firm–Not member of schedule Tribe-Not entitle to exemption. [S.10(26A), Constitution of India, Art. 366]
S. 22 : Professional or other misconduct–Decision of Director discipline of ICAI to not to entertain complaint and decision of board of discipline of ICAI to concur with director discipline’s opinion could not be faulted-Petition was dismissed with cost of Rs. 1 lakh was directed to be deposited with the Delhi High Court Legal Services Committee with in a period of two weeks.
S. 22 : Professional or other misconduct–Auditor-No objection certificate-Only requirement is communication from the Chartered accountant who accepts position as an auditor.
S. 68 : Certificate obtained by misrepresentation of facts— Revocation of Certificate is held to be justified. [S. 64(2)(i), S.147, 148, General Clauses Act, 1897, S. 21].
S. 90 : Payment of tax-Validity of provision-Payment of tax-In view of the retrospective amendment, the petitioners challenge to the constitutional validity of section 90(2) of the Finance Act, 1998 does not survive-Recovery notices were quashed. [S. 90(2), 91]
S. 184 : Amounts paid as advance tax can be adjusted towards amounts due under scheme–Rejection of application is held to be not valid. [S.185]
S. 2(10) : Chargeability–Room charges-Double or triple occupancy– Room charges are required to be divided into two and upon such division, the room charges do not exceed Rs.1200 and, therefore, the Act does not apply to them is not sustainable. [S. 3(1), Art. 226]